Monash University Law Review最新文献_第6页

A Right to Birth Registration in the Victorian Charter? - Seek and You Shall Not Find 《维多利亚宪章》中的出生登记权?寻找，却找不到

Monash University Law Review Pub Date : 2011-01-01 DOI: 10.2139/SSRN.2148827

A. Gargett, P. Gerber, M. Castan

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引用次数: 2

Freedom of Speech and Defamation: Developments in the Common Law World 言论与诽谤自由:普通法世界的发展

Monash University Law Review Pub Date : 2010-08-24 DOI: 10.4324/9781315254999-19

A. Stone

引用次数: 2

Climate Change and the Copenhagen Legacy: Where to from Here? 气候变化和哥本哈根遗产:从这里到哪里?

Monash University Law Review Pub Date : 2010-01-01 DOI: 10.26180/5DB7FC9794401

Rowena Cantley-Smith

引用次数: 5

Global warming after the Obama Accord 奥巴马协议之后的全球变暖

Monash University Law Review Pub Date : 2010-01-01 DOI: 10.26180/5DB7FC6D907D9

R. Garnaut

引用次数: 0

Parliamentary Sovereignty and Dialogue Under the Victorian Charter of Human Rights and Responsibilities: Drawing the Line between Judicial Interpretation and Judicial Law-Making 《维多利亚人权与责任宪章》下的议会主权与对话:司法解释与司法立法的界限

Monash University Law Review Pub Date : 2009-02-16 DOI: 10.26180/5DB7F96B1DBAF

J. Debeljak

{"title":"Parliamentary Sovereignty and Dialogue Under the Victorian Charter of Human Rights and Responsibilities: Drawing the Line between Judicial Interpretation and Judicial Law-Making","authors":"J. Debeljak","doi":"10.26180/5DB7F96B1DBAF","DOIUrl":"https://doi.org/10.26180/5DB7F96B1DBAF","url":null,"abstract":"In 2005, the Victorian Government established the Human Rights Consultation Committee to undertake a community consultation about the state of rights in Victoria. The main recommendation of the Committee was the enactment of a domestic rights instrument for Victoria. The Victorian Government accepted the recommendation and, by mid-2006, the Victorian Parliament had enacted the Charter of Human Rights and Responsibilities Act 2006 (Vic). The Charter is based largely on the British Human Rights Act 1998 (UK) ('HRA'). This article explores some of the substantive difficulties with the adoption of the British model given the twin stated aims of the Victorian Government to preserve parliamentary sovereignty and to establish an educative inter-institutional dialogue. In particular, it explores how the mechanisms adopted to preserve parliamentary sovereignty - the s 32 judicial power of rights-compatible interpretation and the s 36 judicial power of declaration - may, in fact, undermine parliamentary sovereignty, threaten the educative dialogue amongst the differently placed, skilled and motivated arms of government, erode the justificatory and accountability aspects of rights instruments, and undermine the protection of rights.","PeriodicalId":44672,"journal":{"name":"Monash University Law Review","volume":"30 1","pages":"9-71"},"PeriodicalIF":0.0,"publicationDate":"2009-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83088813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 15

Gerry Simpson (ed), War Crimes Law, Volumes I and II (Ashgate, 2004) 格里·辛普森主编，《战争罪法》第一卷和第二卷(阿什盖特出版社，2004年)

Monash University Law Review Pub Date : 2005-01-01 DOI: 10.26180/5DB7F852A375A

B. McSherry

引用次数: 0

A Critical Morality for Lawyers: Four Approaches to Lawyers' Ethics 律师的批判道德:律师伦理的四种途径

Monash University Law Review Pub Date : 2004-01-01 DOI: 10.26180/5DB7F6D64AB05

C. Parker

引用次数: 25

Mistaken payments return to the High Court: Commissioner of Revenue v. Royal Insurance 错误付款退回高等法院:税务专员诉皇家保险公司

Monash University Law Review Pub Date : 1996-01-01 DOI: 10.7939/r38p5vq59

M. Mcinnes

引用次数: 0